PITTSBURGH – A chronic obstructive pulmonary disease and asthma drug made by Sunovion infringes Mylan's patents on a similar drug, a federal judge has ruled, Mylan said Monday.

The U.S. District Court for the Southern District of New York ruled that Sunovion's Brovana (arformoterol tartrate) infringes five patents related to Perforomist (formoterol fumarate), made by Mylan Specialty, the drug maker's branded products division.

Mylan previously said it settled with Sunovion to resolve the lawsuit related to Brovana. In May 2012, the same court issued a ruling stating that Sunovion has acknowledged that Brovana had infringed two more of Mylan's patents on Perforomist, while acknowledging they were valid and enforceable.

"We have always believed in the strength and validity of the intellectual property protecting Perforomist, as well as our combination product for the treatment of COPD, currently in development," Mylan's Heather Bresch said. "We are pleased to have prevailed in the appellate court and settled this litigation and that the court's order brings this matter to a close."

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